Property disputes between tenants and landlords are common in the UAE, particularly in Dubai and Abu Dhabi, where the real estate market is dynamic and fast-moving. Disagreements often arise due to rent increases, contract violations, maintenance responsibilities, and eviction terms.
Understanding rights and obligations under UAE law can help both parties avoid legal conflicts and foster a smooth rental experience.
Understanding the UAE Rental Framework
The UAE has established clear regulations to govern tenant-landlord relationships, primarily through Dubai Law No. 26 of 2007 (as amended by Law No. 33 of 2008) and Abu Dhabi’s Tenancy Law No. 20 of 2006. These laws outline the responsibilities of both parties and provide mechanisms for resolving disputes through the Rental Dispute Centre (RDC) in Dubai and similar legal bodies in other Emirates.
Key Aspects of UAE Rental Laws
- Mandatory Written Agreements: Rental contracts must be documented and registered with the Ejari system in Dubai and must detail the rent amounts, terms, renewal conditions, and any service fees.
- Rent Cap & Increases: Dubai’s Real Estate Regulatory Authority (RERA) enforces a rent increase cap based on market rates. Landlords cannot increase rent arbitrarily and must follow guidelines based on the RERA Rental Index.
- Eviction Rules: A landlord can only terminate a lease upon expiry under specific circumstances, such as personal use of the property or restoration/ comprehensive maintenance and must give a 12-month written notice via notary public or registered post.
- Security Deposit & Maintenance: Landlords must refund security deposits at lease termination unless there are damages beyond normal wear and tear. Additionally, maintenance responsibilities should be clearly defined in the rental contract.
Common Property Disputes and How to Avoid Them
Rent Increases and Payment Issues
A frequent cause of disputes in the UAE is rent hikes. Tenants often challenge increases that exceed the legally permitted limits, while landlords seek fair returns on their investments.
How to Avoid This Dispute:
- Tenants should verify rent caps via the RERA Rental Index before agreeing to a hike.
- Landlords must provide 90 days’ notice for a rent increase before lease renewal.
- Both parties should agree on payment methods and due dates to avoid bounced cheques and late fees.
Maintenance and Repairs
Disagreements often arise over who should handle repairs – whether it’s the landlord or tenant. Some landlords neglect their duty to fix structural issues, while tenants may be held responsible for damages they didn’t cause.
How to Avoid This Dispute:
- Define maintenance responsibilities in the rental contract.
- As per UAE law, landlords must cover major repairs while tenants handle minor upkeep.
- Tenants should document damages upon move-in and communicate all repair requests in writing to the landlord.
Security Deposit Refunds
Many tenants struggle to recover their security deposit due to deductions for damages that they claim were pre-existing.
How to Avoid This Dispute:
- Take photos and videos before moving in to document the property’s condition.
- Request a signed handover report upon vacating the unit.
- Both parties should conduct a final inspection together before lease termination.
Evictions and Lease Termination
Landlords cannot evict tenants without proper legal grounds, yet disputes often occur when tenants feel unfairly forced out. On the other hand, tenants breaking a lease early may face penalties.
How to Avoid This Dispute:
- Understand eviction laws: As set out above, a landlord can only terminate a lease upon expiry under specific circumstances, such as personal use of the property and must give a 12-month written notice.
- If a tenant needs to break a lease early, they should check the contract for penalties and negotiate with the landlord for a fair exit plan.
Subleasing Without Permission
Some tenants sublet their apartments to third parties without the landlord’s consent, leading to legal conflicts.
How to Avoid This Dispute:
- Tenants must obtain written approval from the landlord before subletting.
- Landlords should include a strict no-subletting clause in the contract.
Steps to Resolve Property Disputes in the UAE
Despite preventive measures, conflicts may still arise. The UAE provides formal mechanisms to resolve disputes efficiently.
Attempt Amicable Resolution
- Open communication is always the first step. Tenants and landlords should discuss concerns and try to reach a mutual agreement.
- Written correspondence (emails or letters) ensures clarity and documentary evidence.
Seek Mediation
- Mediation through property management companies or legal consultants can help both parties settle disputes without escalation.
File a Case with the Rental RDC
- If a resolution cannot be reached, tenants or landlords can file a complaint with the RDC in Dubai or similar legal bodies in other Emirates.
- Required documents usually include Ejari registration, tenancy contract, Emirates ID copies, and proof of payment.
- The tribunal will issue a legally binding decision, which can be enforced through local courts if necessary.
Best Practices for a Smooth Rental Experience
To minimise conflicts, tenants and landlords should adopt best practices when entering into and maintaining a tenancy agreement.
For Landlords
- Ensure compliance with UAE rental laws and RERA regulations.
- Use clear and detailed contracts outlining all responsibilities.
- Maintain transparency regarding rent increases, eviction notices, and maintenance policies.
- Respond to tenant complaints promptly to build trust and avoid legal escalation.
For Tenants
- Read the tenancy agreement carefully before signing.
- Register the contract with Ejari (Dubai) or the respective authority in other Emirates.
- Keep records of all payments and correspondence with the landlord.
- Report maintenance issues immediately and follow up in writing if unresolved.
Protect Your Property Rights with Expert Legal Support
At Davidson & Co., we know that property disputes in the UAE can be costly and time-consuming. However, with clear contracts, legal compliance, and proactive dispute resolution, these conflicts can often be avoided.
A well-drafted tenancy agreement should include terms covering areas such as (but not limited to) maintenance, renewal, eviction, and dispute resolution to protect both landlords and tenants. Ensuring legal clarity helps prevent disputes and safeguards your interests.
If you need expert legal guidance on tenancy and/ or property matters in Dubai, Davidson & Co is here to help. Contact us today for tailored legal solutions.
